On Tuesday 24 April, the USU received an interim decision with regards to your Agreement.
In the decision (a copy of which can be downloaded here), the Commission:
- Correctly identifies the limitation of Agreement coverage for those staff between SPs 30-34 and who would be covered by an IEA;
- Correctly identifies that IEAs are more than just a mechanism for rolling up all purpose allowance and a nominal amount of overtime into an annualised salary due to the limitation of Agreement coverage that would take effect by signing an IEA. You will recall that the USU argued throughout negotiations that if an annualised salary was all that TG sought by these arrangements, then such arrangements could be made pursuant to an IFA. TG flatly refused to consider these proposals;
- That Schedules B & C pass the BOOT for those on SP 34 and above, but doesn’t pass muster for those on SPs 30 – 33; and
- Issued directions for the parties to make submissions relating to:
- A definition of ‘shift worker’ for the purposes of the NES (section 196(2));
- The application of the better off overall test for employees on IEAs (salary points 30-33);
- The relevance of the better off overall test to employees on IEAs (salary points 34 and above) who earn more than the high income threshold; and
- The ability for IEAs to operate as ‘opt out’ terms.
We want to hear from you!
The USU is keen to hear from any members who fall within these SPs so that it may submit materials. Please call Troy Dunne on 0419 403 076 or email at tdunne@usu.org.au to provide your feedback.
